House supports open containers measure

Published: Wednesday, March 21, 2001

AUSTIN {AP} After hours of tense debate, the Texas House on Tuesday gave tentative approval to a bill that would prohibit open containers of alcohol in passenger areas of vehicles and beef up punishments for repeat DWI offenders.

The bill by Rep. Jim Dunnam, expected to gain final approval today, makes knowingly possessing open containers in vehicles a Class C misdemeanor punishable by up to a $500 fine.

Under current law, a driver cannot be charged with an open container offense unless seen consuming its contents.

Some say the bill would help curb drunken driving in a state that leads the nation in alcohol-related traffic fatalities. Others support the bill because it enables Texas to spend more money on highways.

Texas will be forced to funnel an estimated $43 million in federal highway funds into safety programs this year because its drunken driving laws don't meet federal requirements, officials say. That amount increases to $86 million in 2002.

Rep. Fred Hill, R-Richardson, who has been pushing open container legislation for six sessions, said Dunnam's bill isn't tough enough and is motivated by money.

"This piece of legislation goes on the books of the state of Texas and is created to protect the lives of Texans," Hill argued. "It's not there to just get federal highway dollars."

Dunnam agreed that many members supported the measure only for the money.

"I'm not judgmental on members of this House that may want to vote for this because of the money. I don't care why they vote for it. I want it to be law," Dunnam, D-Waco, told the House.

Hill also complained that the bill provides a loophole in which Texans accused of open container offenses can claim they didn't know the container was inside the vehicle.